By Ann Marie Shambaugh
The Town of Whitestown has sent a cease and desist letter to the Town of Zionsville, demanding that Zionsville not proceed with installation of a mayor and other changes stemming from a reorganization with Perry Township that the Indiana Court of Appeals upheld on June 2.
The letter states that according to state law, parties “shall not take any action in reliance upon the opinion or memorandum decision [of the Court of Appeals]until the opinion or memorandum decision is certified” and that the opinion shall not be certified until “after the time for all Petitions for Rehearing, Transfer or Review has expired.”
The Whitestown Town Council has an executive session meeting planned for June 9 to discuss the appeals court ruling and to determine whether or not they plan to take the issue to the Supreme Court. Indiana law provides 30 days for Whitestown to make a decision and file a petition.
The letter also states that “Any action taken by the Town of Zionsville until the Indiana Supreme Court has had an opportunity to weigh in on this matter is void ab initio. To that end, Mr. Papa must step down as mayor and Zionsville must cease and desist all actions immediately.”
Whitestown is seeking confirmation on whether or not Zionsville will comply with the letter by noon Tuesday. “Anything short of an unqualified confirmation may result in the Town of Whitestown seeking all available legal remedies, including an order from the Indiana Supreme Court,” the letter concludes.
Jeff Papa, who was sworn in as mayor on June 2, stated that “We will have our town attorneys review the letter.”